Power of Attorney executed by NRIs, needs no Embossing in India if executed as per Hague Apostille Convention

Many times, it has been witnessed by us / our office that NRIs clients are asked /forced by the Authorities / officials like DC, Police, Commissions like NRI Commissions or Human Rights Commissions etc. to submit Power of Attorney which is duly embossed. Embossing is a system in which firstly NRI who is residing abroad, has go to Indian Embassy to get the Power of Attorney verified from Indian Embassy, then he /she send it to India and the person in whose favour Power of Attorney has been issued, has to go to Financial Commissioner or local DC Office. So, Embossing is lengthy and time-taking procedure.

                 But it is not widely known that Power of Attorney executed by NRIs, needs no Embossing in India in case it is executed as per the Hague Apostille Convention / Treaty of 1961. The Hague Apostille Convention 1961, also named the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, is an international treaty that eliminates the need for lengthy legalizations of public documents when they are used in a country that is a member of the Convention. At present total 92 countries are its signatories, including India, Canada, UK, US, Australia, Belgium, Switzerland, France, Germany etc.

                 Under the Hague Apostille Convention, a simple certification, known as an “Apostille”, is issued by a competent authority in the country where the NRI is residing by their concerned Department and it will be valid in India for all intents and purposes and no further attestation / verification would be required in India. The said convention replaces the traditional process of multiple attestation steps with a single Apostille Certification.

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